March 1, 2004 |
2004-R-0233 | |
USE OF CELLULAR PHONES WHILE DRIVING | ||
By: Kristina Sadlak, Legislative Fellow | ||
You asked which jurisdictions prohibit using cellular phones while driving.
Two states, New York and New Jersey, and Washington, D. C. , prohibit drivers from using hand-held mobile phones while driving. Eight prohibit or limit their use in certain circumstances, including seven that prohibit their use while driving a school bus and two that prohibit their use by drivers under age 21 with learner’s permit (see Table 1). No state currently prohibits hands-free cell phone use.
Fifteen local jurisdictions in six states (see Table 2) also prohibit the use of hand-held cell phones while driving. Kentucky, Louisiana, Mississippi, Nevada, Oklahoma, and Oregon prohibit local jurisdictions from restricting cell phone use while driving (National Conference of State Legislatures, Cell Phones and Highway Safety, December 2003).
Several states have miscellaneous provisions governing cell phone use while driving. Massachusetts permits drivers to use hand-held cell phones, provided the use does not interfere with operating the vehicle and the driver keeps one hand on the steering wheel (Mass Gen. Laws Ch. 90 §13 (2004)). Florida requires drivers who use a head set with their cell phone to use one that provides sound through one ear and allows surrounding sound to be heard with the other (Fla. Stat. Ch. 316. 304). Illinois permits drivers to use single-sided headsets or earpieces with a cell phone (625 I. L. C. S. 5/12-610). And California requires rental cars with embedded cell phone equipment to have written instructions on using the phone safely while driving (Cal. Veh. Code § 2890 (2003)).
Delaware, Louisiana, and New Jersey have created task forces to research cell phone use and driver distractions (National Conference of State Legislatures, Cell Phones and Highway Safety, December 2003).
Table 1: State Laws on Cell Phone Use While Driving
State |
Restriction |
Statute or Rule |
Arizona |
Prohibits bus drivers from using cell phones while operating a school bus |
Ariz. Admin. Code Title 17, Ch. 9, Art. 1 R17-9-104 |
Arkansas |
Prohibits the use of cell phones while driving a school bus |
Ark. Code Ann. § 6-19-120 (2003) |
Illinois |
Prohibits school bus drivers from using cell phones while driving except in emergencies |
625 I. L. C. S. 5/12-813. 1 |
Maine |
Requires persons under age 21 to obtain learning permit and finish training before obtaining a driver’s license, prohibits a person with an instruction permit from using a cell phone while driving |
29-A. M. R. S. § 1304 (2003) |
Massachusetts |
Prohibits the use of cell phones while driving school buses |
Mass. Gen. Laws Ch. 90 § 7B (2004) |
New Jersey |
Prohibits the use of a cell phone while operating a motor vehicle, allows hands-free devices Prohibits drivers younger than 21 years old who have only a learner’s permit from using a cell phone while driving Prohibits the use of cell phones while driving school buses |
SB 338, enacted January 20, 2004 P. L. Chapter 420, Codified as N. J. R. S. § 39: 3-13 2002 N. J. Laws 120 |
New York |
Prohibits drivers from talking on hand-held cell phones while operating a motor vehicle |
N. Y. C. L. S. Veh. & Traf. Code § 1225-c (2003) |
Rhode Island |
Prohibits the use of cell phones while driving school buses, except in emergencies |
R. I. Gen. Laws § 31-22-11. 8 |
Tennessee |
Prohibits the use of cell phones while driving school buses |
Tenn. Code Ann. § 58-8-192 |
Washington, D. C. |
Prohibits the use of hand-held cell phones while driving, except in emergencies |
B15-0035, enacted January 6, 2004 |
Source: based on National Conference of State Legislatures, Cell Phones and Highway Safety, December 2003
Table 2: Local Jurisdictions Prohibiting Hand-Held Cell Phone Use
State |
Jurisdiction |
Florida |
Miami-Dade County Pembroke Pines Westin |
Massachusetts |
Brookline |
New Mexico |
Santa Fe |
Ohio |
Brooklyn North Olmstead Walton Hills |
Pennsylvania |
Conshohocken Hilltown Township Lebanon Lower Chichester West Conshohocken York |
Utah |
Sandy |
Source: based on National Conference of State Legislatures, Cell Phones and Highway Safety, December 2003
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